Taken up through video conferencing.

1.      Learned counsel for the petitioners, Railways, requests for an adjournment, submitting that he does not have a copy of the paper book and that the defects could not be cured because of the COVID-19 situation.

2.      We have gone through the record of the case.

The complaint was filed before the District Commission on 31.01.2008 by an officer of the Railways who had superannuated on 31.01.1994. The dispute relates to reimbursement of an expenditure of Rs. 24,530/- regarding the medical treatment of his wife, who had suddenly taken ill on 03.02.2006. On the reimbursement being refused, the retired officer, the complainant, went before the District Commission on 31.01.2008. The District Commission, vide its Order dated 26.04.2010, decided the matter on contest. The operative portion of its Order reads as under:

Taking into consideration the entire facts and circumstances of the, we quantify the amount of the damages as Rs.25,000/-.

We hereby direct:-

1. the O.P. shall pay Rs. 25,000/- as compensation for mental agony harassment and sheer suffering to the complainant.

This shall be complied within 30 days.

Let the copy of the judgment be sent to the General Manager, Northern Railway, Baroda House, New Delhi for instituting an inquiry against the authority who rejected the reimbursement of the bill of the complainant and severe punishment should be awarded to him. The result of the inquiry may also be sent to us.

(as per the translated copy furnished by the Railways with its petition)

Appeal by the Railways was partly allowed by the State Commission vide its impugned Order dated 05.03.2019. The State Commission held the compensation of Rs. 25,000/- awarded by the District Commission to be just and reasonable, but set aside the direction of the District Commission for institution of inquiry against the authority who rejected the reimbursement claim.

3.      This petition was filed on 17.07.2019 before this Commission, invoking the revisional jurisdiction of this Commission under Section 21(b) of The Consumer Protection Act, 1986 (the ‘Act 1986’).

In proceedings before the Registry of this Commission on 30.07.2019, 30.09.2019 and 03.12.2019, the defects were not cured.

The matter was listed before the bench for directions on 16.01.2020. A letter to seek adjournment was sent on behalf of the Railways. The matter was posted to 19.02.2020. It was also directed that the defects be cured before the next date of hearing.

On 19.02.2020, again, the defects had not been cured. The following Order was made on 19.02.2020:

Learned counsel for the petitioners requests for a brief adjournment to seek instructions.

List on 12.05.2020 for hearing on admission.

The shall be the last opportunity to argue on admission.

The defects be cured before the next date of hearing.

Today, on 16.07.2021, it is again seen that, as per the report of the Registry dated 15.07.2021, the defects have not been removed in physical file and the PDF has not been provided.

4.      The case at hand pertains to a retired officer, the complainant, who superannuated in 1994 (he must now be over 85 years old). The dispute emanates from an event which occasioned in 2006. The complaint was filed before the District Commission in 2008. The District Commission passed its Order in 2008. Appeal was filed before the State Commission in 2010. The State Commission passed its Order in 2019. It modified the award made by the District Forum, confined and limited it to the compensation of Rs. 25,000/- (only), with no interest or cost (as awarded by the District Commission), but set aside the direction of the District Commission to institute inquiry against the authority responsible for refuting the reimbursement claim. This revision petition was then filed by the Railways in 2019. Defects in the petition have not been cured for a period of two years. Since 16.01.2020 it is pending before the bench in hearing on admission. Regarding the COVID-19 situation, it is to recall that the petition was filed in July 2019 and there was no COVID pandemic in this nation till around December 2019 - January 2020. In 2020, there was a protracted period of a number of months in which the pandemic had abated, and similarly so now in 2021. The complainant had superannuated in 1994.

5.      The Act 1986 is for “better protection of the interests of consumers”, in recognizedly a fight amongst unequals. Its statement of objects and reasons says of “speedy and simple redressal of consumer disputes”.

6.      Sufficient opportunity, and more, has been provided to cure the defects. Additionally, the requisite instructions, as per the submission made on 19.02.2020, in a case of such facts and specificities, have not been obtained till date i.e. till 16.07.2021.

7.      Ordinarily, we accommodate the learned counsel, we value his assistance in disposing the matter at hand, and provide reasonable adjournment on his request. But, at times, we have to make a difficult choice, as to ensure the ends of justice, equity, law and conscience. Further delay, in the case at hand, would albeit result in a travesty of justice, would not be conscionable.

8.      We are constrained to politely decline the request for adjournment, and dismiss the petition for want of prosecution. The award firmed-up by the State Commission shall be made good by the General Manager, Northern Railways, the petitioner no. 1 (by name and by designation) within four weeks from today, failing which the District Commission shall undertake execution, both for ‘Enforcement’ and for ‘Penalties’, as per the law.

9.      The Registry is requested to send a copy each of this Order to all parties in the petition as well as to the District Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.